PEOPLE v. ALCARAZ (2007)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Doris ALCARAZ, Defendant-Appellant.

Decided: December 04, 2007

LIPPMAN, P.J., MAZZARELLI, ANDRIAS, BUCKLEY, SWEENY, JJ.

Steven Banks, The Legal Aid Society, New York (Eve Kessler of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.

Order, Supreme Court, New York County (William A. Wetzel, J.), which denied defendant's motion for resentencing under the 2005 Drug Law Reform Act (L. 2005, ch. 643), unanimously affirmed.

The court properly exercised its discretion in determining that substantial justice dictated denial of the application. Defendant played a significant role in a large scale drug trafficking operation. Moreover, she had a prior federal drug conviction that resulted in her deportation, after which she illegally reentered the United States and committed the subject crime. Evidence of her rehabilitation while incarcerated did not overcome the factors militating against resentencing (see e.g. People v. Marte, 44 A.D.3d 442, 843 N.Y.S.2d 279 [2007] ).

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